Written answers

Tuesday, 11 June 2013

Department of Justice and Equality

Drugs Crime

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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656. To ask the Minister for Justice and Equality his plans to deal with the issue of drug dealers grooming teenagers for the sale and distribution of drugs and making them take responsibility for drug deals instead of the adult dealer and if this will be made a criminal act. [27108/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I wish to advise the Deputy that there are already in place a number of legislative provisions aimed at those who assist offenders, or who solicit or incite others to engage in criminal activity.

Under section 7 of the Criminal Law Act 1997 any person who aids, abets, counsels or procures the commission of an indictable offence is liable to be indicted, tried and punished as a principal offender.

In addition, with particular regard to drug offences, section 21 of the Misuse of Drugs Act 1977 provides that any person who aids, abets, counsels or procures the commission of an offence under the Act, or who solicits or incites any other person to commit an offence under the Act is guilty of an offence. Such a person is liable to be prosecuted and punished as if he or she were convicted of the substantive offence. It is also worth recalling that alongside these legislative provisions we also have in place the legislative framework contained in the Children Act 2001, which operates with a focus on diversion from the criminal justice system, rehabilitation and preventing criminal behaviour.

As the Deputy may be aware, the Annual Report of the Committee appointed to Monitor the Effectiveness of the Garda Diversion Programme provides statistics for crimes committed by those under 18 years of age. Statistics from the latest (2011) Report show that a total of 196 referrals were made to the Diversion Programme for offences relating to possession of drugs for sale or supply.

I would also like to draw the Deputy's attention to the actions contained in the National Drugs Strategy 2009-2016. In accordance with action 7 of the Strategy, An Garda Síochána is developing a targeted strategic response to adults involved in the drugs trade who are using young people to engage in illegal activities associated with the trade.

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